German Top Court Rules Against Hamburg Court in Usmanov EU Case

Germany's Federal Court of Justice (BGH) issued a significant ruling finding that the president of the Hamburg Regional Court acted unlawfully by refusing to serve court documents related to a legal action brought by Russian billionaire Alisher Usmanov against the Council of the European Union, according to a statement released by German law firm Rechtsanwälte Steinhöfel.

The case centers on statements that formed the basis of EU measures against Usmanov, though the full scope of the underlying claims was not detailed in the announcement. The BGH's decision clears a procedural obstacle that had prevented the lawsuit from advancing, marking a notable development in what is being described as a landmark ruling.

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The ruling carries broader implications for how German courts handle the service of legal documents in cases involving EU institutions, particularly where sanctions or related measures are at issue. Legal experts have noted that procedural barriers of this kind can effectively deny litigants access to courts, making the BGH's intervention significant beyond the specific parties involved.

Usmanov, one of Russia's wealthiest individuals, has faced EU sanctions since Russia's invasion of Ukraine. Legal challenges by sanctioned individuals against EU Council decisions have become increasingly common across European jurisdictions, with varying outcomes. The BGH's finding that Hamburg's refusal was unlawful does not adjudicate the merits of Usmanov's underlying claims against the EU Council but ensures the case may now proceed on substance.

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